Medical malpractice reforms are needed

The Illinois Supreme Court recently struck down a state medical malpractice law capping plaintiffs' compensation for economic damages and "pain and suffering." The law was a proven measure, stemming out-of-control health care costs.

With its ruling, the court has steered Illinois off a path of scientifically based medicine and controlled health care costs. Eliminating caps encourages frivolous lawsuits and raises obstacles for physicians who deliver high quality health care. The Illinois Supreme Court is forcing doctors into defensive medicine rather than care-based practice.

This is not the time to saddle health care providers with rising medical malpractice premiums. Illinois law allowed physicians to treat their patients with the right care at the right time, without the risk of having to spend time and money fighting baseless lawsuits.

With federal health care reform imminent, now is the time to give physicians protection from greedy trial lawyers. One step is to require certificates of merit before a case is filed. These certificates are written statements by appropriately licensed professional certifying that there exists a reasonable probability that a patient's treatment fell outside acceptable medical standards and was responsible for harming the individual. Another idea is to establish health courts, run by unbiased and certified medical professionals, to handle medical injury disputes. This would take the legal gamesmanship out of the courtroom and put facts and evidence in front of a body who understands science and the effects it has on patients and their conditions.

Auditing professionals estimate that nearly $200 billion of our health care dollars are spent annually on unnecessary tests and procedures in the name of defensive medicine. If we could eliminate even half of this unnecessary practice we would save $1 trillion over the next 10 years. The lower costs would translate into lower insurance premiums.

Patients in Illinois are caught in the middle because of this ruling. It is time for Illinois to stand up and do what is right for patient care.

Dr. Jerome Hines

Governor, Illinois chapter

American College of Cardiology

Hinsdale